Booker Wade, Jr. v. Arlene Stevens

671 F. App'x 669

Opinion

MEMORANDUM **

Booker Theodore Wade, Jr., appeals pro se from the district court’s order denying Wade’s motion to compel arbitration and emergency stay motion. We have jurisdiction under 9 U.S.C. § 16(a)(1)(C) and 28 U.S.C. §§ 158(d), 1291. We review de novo the denial of a motion to compel arbitration. Cox v. Ocean View Hotel Corp., 533 F.3d 1114, 1117 (9th Cir. 2008). We review for abuse of discretion the denial of a stay pending arbitration. Alascom, Inc. v. ITT-North Elect. Co., 727 F.2d 1419, 1422 (9th Cir. 1984). We affirm.

The district court properly denied Wade’s motions to stay and to compel arbitration because the motions were unrelated to the order appealed from and presented for the first time on appeal. See Kaass Law v. Wells Fargo Bank, N.A., 799 F.3d 1290, 1293 (9th Cir. 2015) (appellate courts will not ordinarily hear issues raised for the first time on appeal).

Wade’s October 13, 2015 motion to disqualify counsel is denied.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.